Senate File 2415 - Introduced SENATE FILE 2415 BY BENNETT A BILL FOR An Act relating to provider requirements concerning the mental 1 health of users of an artificial intelligence chatbot, and 2 providing civil penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6724XS (5) 91 dg/jh
S.F. 2415 Section 1. NEW SECTION . 554J.1 Definitions. 1 For purposes of this chapter: 2 1. “Artificial intelligence chatbot” means a software 3 program or application that uses natural language processing 4 or similar machine-learning techniques to simulate human 5 conversation or generate human-like responses to user input. 6 2. “Mental health advice” means a statement, recommendation, 7 or response purporting to diagnose, treat, mitigate, or address 8 emotional distress, a psychological disorder, self-harm, 9 suicidal ideation, or another mental health concern. 10 3. “Provider” means a person that designs, deploys, or 11 operates an artificial intelligence chatbot that is accessible 12 to users in this state. 13 Sec. 2. NEW SECTION . 554J.2 Prohibited conduct —— crisis 14 intervention required. 15 1. A provider shall not design or operate an artificial 16 intelligence chatbot in a manner that allows the artificial 17 intelligence chatbot to offer or simulate professional mental 18 health advice. 19 2. An artificial intelligence chatbot shall not represent 20 itself as a licensed professional or offer services that would 21 require licensure under chapter 154B or 154D. 22 3. A provider shall implement reasonable protocols to 23 have the provider’s artificial intelligence chatbot detect 24 expressions of self-harm, suicidal ideation, or emotional 25 distress by users. Upon detection of such expressions, 26 the artificial intelligence chatbot shall refer the user to 27 appropriate crisis services, including but not limited to the 28 national suicide prevention lifeline, the Iowa crisis hotline, 29 or emergency services. 30 Sec. 3. NEW SECTION . 554J.3 Required disclosures and 31 disclaimers. 32 1. Each artificial intelligence chatbot accessible to 33 a user in this state shall explicitly disclose in clear, 34 conspicuous, and easily understood language that the artificial 35 -1- LSB 6724XS (5) 91 dg/jh 1/ 4
S.F. 2415 intelligence chatbot is artificial intelligence, is not a 1 human, and is not a substitute for professional mental health 2 care. 3 2. A disclosure required under this section shall appear at 4 all of the following times: 5 a. At the beginning of the artificial intelligence chatbot’s 6 interaction with a user prior to providing the user with a 7 response to user input. 8 b. At regular intervals during a user’s continuous 9 interaction with the artificial intelligence chatbot. 10 c. When the artificial intelligence chatbot generates a 11 response related to emotional well-being, mental health, or 12 self-harm. 13 Sec. 4. NEW SECTION . 554J.4 Enforcement and penalties. 14 1. The attorney general shall have authority to enforce this 15 chapter. 16 2. A violation of this chapter is an unfair practice under 17 section 714.16. 18 Sec. 5. NEW SECTION . 554J.5 Limitations. 19 This chapter shall not be construed to impose liability on 20 an educational institution or a library solely for providing 21 access to general-use software or the internet. 22 Sec. 6. NEW SECTION . 554J.6 Rulemaking authority. 23 The department of health and human services, in consultation 24 with the chief information officer of the department of 25 management, shall adopt rules to implement this chapter. Rules 26 shall include but not be limited to all of the following: 27 1. Standards for detection protocols for self-harm, 28 suicidal ideation, and emotional distress. 29 2. Acceptable formats for providing disclosures under 30 section 554J.3. 31 3. Safe use guidelines for artificial intelligence chatbot 32 technologies. 33 Sec. 7. Section 714.16, subsection 2, Code 2026, is amended 34 by adding the following new paragraph: 35 -2- LSB 6724XS (5) 91 dg/jh 2/ 4
S.F. 2415 NEW PARAGRAPH . t. It is an unlawful practice for a person 1 to violate chapter 554J. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to provider requirements concerning the 6 mental health of users of an artificial intelligence chatbot 7 (chatbot). 8 The bill defines “artificial intelligence chatbot” as a 9 software program or application that uses natural language 10 processing or similar machine-learning techniques to simulate 11 human conversation or generate human-like responses to user 12 input. 13 The bill defines “provider” as a person that designs, 14 deploys, or operates an artificial intelligence chatbot that is 15 accessible to users in this state. 16 The bill also defines “mental health advice”. 17 The bill prohibits a provider from designing or operating 18 a chatbot in a manner that allows the chatbot to offer or 19 simulate professional mental health advice. 20 The bill prohibits a chatbot from representing itself 21 as a licensed professional or offering services that would 22 require licensure under Code chapter 154B (psychology) or 154D 23 (behavioral science). 24 The bill requires a provider to implement reasonable 25 protocols to have the provider’s chatbot detect expressions of 26 self-harm, suicidal ideation, or emotional distress by users. 27 Upon detection of such expressions, the chatbot must refer the 28 user to appropriate crisis services, including but not limited 29 to the national suicide prevention lifeline, the Iowa crisis 30 hotline, or emergency services. 31 The bill requires each chatbot accessible to a user in 32 this state to explicitly disclose in clear, conspicuous, and 33 easily understood language that the chatbot is artificial 34 intelligence, is not a human, and is not a substitute for 35 -3- LSB 6724XS (5) 91 dg/jh 3/ 4
S.F. 2415 professional mental health care. Such a disclosure must appear 1 at the beginning of the chatbot’s interaction with a user prior 2 to providing the user with a response to user input; at regular 3 intervals during a user’s continuous interaction with the 4 chatbot; and when the chatbot generates a response related to 5 emotional well-being, mental health, or self-harm. 6 The bill authorizes the attorney general to enforce the 7 bill. A violation of the bill is an unfair practice under 8 Code section 714.16 (consumer fraud) and is punishable by 9 injunction, disgorgement of moneys, restoration of improperly 10 acquired moneys, and a civil penalty of up to $40,000 per 11 violation. 12 The bill shall not be construed to impose liability on 13 an educational institution or a library solely for providing 14 access to general-use software or the internet. 15 The bill requires the department of health and human 16 services (HHS), in consultation with the chief information 17 officer of the department of management, to adopt rules to 18 implement the bill, and details certain subjects HHS must adopt 19 rules to address. 20 The bill makes a conforming change to Code section 714.16 21 (consumer frauds). 22 -4- LSB 6724XS (5) 91 dg/jh 4/ 4